Defective Services Sample Clauses

Defective Services. This section governs any task that was not performed in accordance with this Agreement (“Defective Service”).

Defective Services. 3.1 ▇▇▇▇▇ will consider the continuance of its daily Services without complaint to imply the client’s satisfaction with the execution of the contract. If in the unlikely event the Services do not conform with these Conditions or the Specification any such complaints should be in writing or email to the Operations Director – Mr Gazdic ▇▇▇▇▇@▇▇▇▇▇-▇▇▇▇▇▇▇▇.▇▇▇. Notice must be within three working days of the occurrence, to enable us to rectify the issue, failure to do so would prohibit any retrospective credits. Upon receipt of such notice, ▇▇▇▇▇ will take all necessary action, without cost to the client, to investigate and rectify the complaint. 3.2 Upon us becoming aware that the Services supplied by us to you are not in accordance with the Specifications and these Conditions in all material respects, we will investigate your complaint. If we consider your concerns are justified, we shall provide you with a full or a partial refund if it is reasonable to do so. 3.3 Swift shall have no liability to the Client for any loss, damage, costs, expenses, or other claims for compensation arising from any fault of the Client. 3.4 Nothing in the Contract limits any liability which cannot legally be limited, including liability for: (a) Death or personal injury caused by negligence; and (b) Fraud or fraudulent misrepresentation. 3.5 ▇▇▇▇▇ shall not be liable for a claim unless notice in writing summarising the nature of the claim and, as far as is reasonably practicable, the amount claimed, has been given by the Client to a Director of Swift within five working days of the date on which the incident giving rise to such claim has occurred.

Defective Services. The Owner shall have the right to reject any portion of the Architect’s services on the Project because of any fault or defect in or arising from the Contract Documents and prompt notice of any such rejection shall be given by Owner to the Architect. Upon receipt of such notice, the Architect shall forthwith perform, without any additional cost or expense to Owner, any and all such services as are required to correct or remedy any negligent act with respect to, or any error or omission in, the Contract Documents, or in connection with the Architect’s services, or the services of the Architect’s Consultants or other persons employed by the Architect, in accordance with the provisions of this Agreement. Should the Architect refuse or neglect to correct or remedy such defects within a reasonable time after receiving such notice, then Owner shall be entitled to correct or remedy the same at the expense of the Architect, and the Architect shall reimburse Owner upon demand for all expenses incurred by Owner to make such correction or remedy or, in default thereof, the Owner shall be entitled to deduct the cost thereof from all sums then or thereafter due to the Architect under this Agreement. This commitment by the Architect is in addition to, and not in substitution for, any other remedy for defective services which the Owner may have under this Agreement, at law or in equity.”

Defective Services. The Supplier shall promptly notify the Customer of:

Defective Services. In the event that the Contractor (or any Specified Personnel) provides the Services or Activities which are not of an acceptable standard or quality the Contractor will: rectify the Services or Activity; or at the direction of WAPHA and at the sole cost of the Contractor, engage a third party to rectify the Services or Activity.

Defective Services. 9.1 Notwithstanding any other provision of the Agreement, TiGenix may, by notice in writing to the Supplier (the “Step In Notice”), either itself or by a Third Party nominated by TiGenix, take over management/performance of the Services or any affected part of the Services if (each of the following constituting a “Defective Service”): 9.1.1 TiGenix is entitled to serve a termination notice pursuant to Section 17.4.1 or Section 18; 9.1.2 TiGenix demonstrates acts of fraud or wilful misconduct are being committed in relation to the Services; and/or 9.1.3 TiGenix is required to exercise its step in rights pursuant to this Section 9 in order to comply with any requirements imposed on it by a Government Competent Authority which cannot be fulfilled or which cannot be fulfilled within the required timelines by Supplier and/or PharmaCell. 9.2 Without prejudice to TiGenix’s rights to terminate the Agreement at the end of the Step In Period, the Parties agree that TiGenix cannot at the same time issue a Step In Notice as well as terminate this Agreement, it being understood that following a termination notice, TiGenix has the right to (continue to) Step In. 9.3 As soon as practicable following receipt of the Step in Notice, served under this Section 9, the Steering Committee shall discuss how the Supplier proposes to remedy the event giving rise to TiGenix’s right to step in, to the satisfaction of TiGenix and, failing an agreement within five (5) Business Days of the Step In Notice, how TiGenix shall exercise its step in rights including how it will engage any Third Party to act on its behalf. 9.4 In exercising its right of step in, TiGenix may itself provide, or may employ a Third Party to manage/perform, the affected Services or any part thereof. 9.5 The Supplier shall co-operate fully with and provide all reasonable assistance to TiGenix and any Third Party engaged by TiGenix to exercise TiGenix’s rights under this Section 9. The Supplier’s assistance shall include: 9.5.1 allowing TiGenix or the Third Party to communicate to the management of the Supplier the relevant instructions to have them implemented by the relevant personnel of the Supplier to enable TiGenix’s or Third Party’s management/performance of the affected Services; 9.5.2 allowing TiGenix or the Third Party reasonable access to the Facility and the Supplier’s equipment as needed to manage/perform the Services; and 9.5.3 allowing TiGenix or the Third Party reasonable access to such management reco...

Defective Services. In the event that the Client considers there to be: (a) any material defect, departure, error, omission, non-compliance, failure or omission in the Services; (b) any material defect or fault in any parts or materials or documents supplied by NTRO; and (c) any failure of the Services to substantially comply with the requirements of this Agreement (Defective Service) the Client must: (d) notify NTRO of the details of the Defective Service; (e) allow NTRO 30 Business Days to take action necessary to rectify that Defective Service before the Client takes any action to enforce this agreement or seeks to recover any Loss in respect of the Defective Service; and (f) if NTRO rectifies the Defective Service within that period, not take any action to enforce this agreement nor seek to recover any Loss.

Defective Services. 5.1 The Supplier shall promptly notify the Customer of: a. any delays or problems from time to time in the provision of the Services of which the Supplier becomes aware; b. any circumstances from time to time which may prevent the Supplier from providing the Services in accordance with this Agreement or applicable SOW together with (where practicable) recommendations as to how such circumstances can be avoided; and c. any complaint (whether written or not) or other matter which comes to its attention and which it reasonably believes may give rise to any loss by or claim against the Customer or which may result in any adverse publicity for the Customer. 5.2 The Customer shall, without limiting any right or remedy of the Customer, promptly report to the Supplier any defects in the Supplier's performance of the Services as soon as reasonably practicable after any such defect comes to the attention of the Customer. 5.3 Where any defect in the provision of the Services is reported to the Supplier by the Customer or otherwise comes to the attention of the Supplier, the Supplier shall, without limiting any other right or remedy of the Customer, use its reasonable endeavours to provide such further services as are necessary in order to rectify the default as soon as is reasonably practicable. If the Supplier is unable to remedy the Services or Deliverables and this has a material adverse impact on the Agreement and/or the relevant SOW the Escalation procedure in Clause 7 below shall be followed.

Defective Services. Notwithstanding any other provision of the Agreement, TiGenix may, by notice in writing to the Supplier (the “Step In Notice”), either itself or by a Third Party nominated by TiGenix, take over management/performance of the Services or any affected part of the Services if (each of the following constituting a “Defective Service”):